Linguistic DNA - Concept Modelling Demonstrator

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	action_n	court_n	defendant_n	1,397	5	10.0062	5	false

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A36231	Judge Dodaridge, his law of nobility and peerage wherein the antiquities, titles, degrees, and distinctions, concerning the peeres and nobility of this nation, are excellently set forth : with the knights, esquires, gentleman, and yeoman, and matters incident to them, according to the lawes and customes of England.; Magazine of honour	Bird, William, 17th cent.; Doddridge, John, Sir, 1555-1628.	1658 (1658)	Wing D1794; ESTC R11125	103,063	198

Cooks 8. parts 156. John Stile is bound by obligation to W. B. the obliger is afterwards made into a title of honour or a Knight the Bond is forfeited W. B. by his Atturney draweth a note or title for an originall according to the Defendants degree although it vary from the specialty as it ought to be made by the Statute but the Cursitor mistaking did make the originall onely according to such addition as was specified in the obligation omitting his degree of dignity and the entry of the Câ—pias alias plures was according to the said Originall but in the Exigent and Proclamation and in the Entry of it the Desendant was named according to his degree of dignity upon a Writ of Errour after judgement doubt was if this might be amended in another Court then where the originall was made Injuries done to the name and honour of a Nobleman IN the second yeer of Richard 2. in the first Chapter It was inacted that counterfeiters of false news and of horrible and false lyes of Prelates Dukes Earls Barons and other Nobles and great men of the Realm and also of the Chancellor Treasurer Clerk of the Privy Seal Steward of the Kings House Justices of the one Bench or of the other and of other great officers of the Realm of things which by the said Prelates Lords Nobles and Officers aforesaid were never spoken touched nor thought in great slander of the said Prelates Lords Nobles and Officers whereby debates and discords might arise betwixt the said Lords and Commons which God forbid and whereof great perill and mischief might come to all the Realm and quick subversion and destruction of the said Realm if due remedy be not provided It is straightly defended upon grievous pain for to eschew the said dammages and perils that from henceforth none be so hardy to finde say or tell any false news lyes or other false reports of Prelates Lords and of other Officers aforesaid whereof discord or any slander might arise within the said Realm and he that doth the same shall incurre and have the pain ordained thereof by the Statute of Westminster in the first Chapter 33. which will that he be taken and imprisoned till he have found him of whom the word shall be moved And further By another Statute made in 22. Richard 2. cap. 11. It was moreover enacted That when the said offender is taken and imprisoned and cannot finde him that spake the words then he shall be punished by the advise of the Councell And to the intent that such evill disposed persons which by their lewd speeches and slanderous words or reports do endeavour to break or disquiet the peace of the Realm might the sooner be inquired found out and punished by a Statute made Anno 2. Phil. Mary It was further established That the Justices of Peace in every Shire City or Town Corporate within the limits of their severall Commissions shall have full power to examine hear and determine the causes aforesaid in the said two Acts of Edward the first and Richard the second specified and to put the said two Statutes and every branch in them contained in due execution that condigne punishment be not deferred from such offenders and besides the afore mentioned penalties assigned to be inflicted upon transgressors by the aforesaid Statutes every Nobleman and great Officer of the Realm against whom any scandalous words false news or lyes be spoken may prosecute against the offender an action de scandalis magnatum and recover dammages against him and in like sort may every inferiour person for any such like words of infamy against him persue an action upon his cause against the offender and recover his dammages And if any person shall exhibite a Bill into the Starrechamber against a Nobleman or other and amongst other things charge him with murther piracy robbery or other fellony or to be a procurator thereof or accessary thereunto or with any other offence which is not examinable in the said Court the defendant in the said Bill may prosecute against the complanant therein an action upon the cause and recover his dammages for his Bill was exhibited of malice by the complainant to remain of record in the said Court to the infamy and slander of the defendant and not punish him for the said offences suggested in the said Bill by a course of Justice seeing the Court of Starre-chamber hath no authority to inquire of or punish the same offence but if the complainant did suggest in his Bill of complainant any matter against the defendant which is examinable in the said Court then no action upon the case is maintainable against him by the defendant therefore though the matter surmised be meerly false for it is done in course of Justice sub judice lis est whether the matters suggested be true or false untill they be proved And in former ages speeches tending to the reproach of others were so odious that King Edgar Le. 4. ordained that his tongue should be cut out which did speak any infamous or slanderous words of another Dyer 285. and in Kelway 13. Henry 7.27 Cooks 4. part 14. Book 2. Richard 3.9.6 In which Book you may read at large where the Lord Beauchampe did sue an action upon the Statute of the 2. Rich. 2. cap. 5. de scandalis magnatum against Sir Richard Crafts because he did sue a Writ of forging of false deeds against the said Lord Beauchampe and the defendant doth justifie the said slander by the use of the said Writ c. And the demurrer was good and out of the intendment of the Common Laws or Statute Laws concerning slanderers for no punishment hath been at any time appointed for suits in Law though the matter be false and for vexation only other then amerciaments or fine to the King and therefore the plantiff is sufficiently discharged against the said Lord Beauchampe not only for the time that the suite is depending but after the action tryed or otherwise ended yea though the Plantiff were non-suited or by other means it went against him for if actions of revenge upon the event it would terrifie and discharge many who have just cause to complain for fear of infinite vexations for the event and successe of suits and matters in action is uncertain Cooks 6. part 40. a. There is another foul puddle that ariseth from the same corrupt quagmire and distilleth out of a heart likewise infected with malice and envy but is divised and practised by another mean then the former which is by libelling secret slandering and defaming of another for this privy backbiter doth not by words impeach his adversary in so manifest and turbulent manner as the collerick menacer in his fury doth seeming to sit quietly in his Study he doth more deeply pinch him and infixeth a more durable wound into his fame and credit then the other boysterous fellow doth in his body who in a moment threatneth to do more then

forme aforesaid they will award a Supersedeas which is in the Booke of Enteries in the Title of Errour Sect. 20. and there are two reasons or causes wherefore no Capias or Exigent lyeth against any Peere the one because of the dignity of their persons the other by Intendment of Law there is none of the Nobility but have sufficient Freehold which the Plaintiffe may extend for their payment or satisfaction but a Capias or Exigent lyeth against a Knight for the Law hath not that opinion of his Freehold as the Court said in 26. H. 8. vide 27. H. 8.22 in Brookes abridgement Exigent 2. 3. Cooko 6. part 52. 54. And if any of the Nobility happen to be so wilfull as not to appeare the Court will compell the Sheriffe to returne great issues against him and so at every default to increase and multiply the issues as lately against the Earle of Lincolne hath been in practice By the Ancient Lawes of this Realme before the comming of William the Conquerour many good Lawes were made for the keeping of the peace amongst others that every man above the Age of 12. yeares should be sworne to the King as you may read more at large in Lamberts perambulation of Kent 21. which we in remembrance thereof doe keep at this day in view of Frank-pledge or leete Court but Noblemen of all sorts are neither bound to attend the Leete nor to take that Oath as appeares by Britton cap. 29. treating of this Court called the Sheriffes Turne Courts of which the Leete seemes to be extracted and agreeable thereunto is the Statute of Marlbridge cap. 10. in these words de turnis vice contra provisum est quod necesse non habeant ubi venire Archiepiscopi Episcopi Abbates Priores Committes Barones vide the Lord Chancellors Speech in the case of Post-nari fol. 78. If a Writ of Error be brought in Parliament upon a Judgement given in the Kings Bench the Lords of the higher House alone without the Commons are to examine the errors vide Jbid. fol. 22. Jn 11. H. 4.2 b. In a case concerning a distresse taken for expences and Fees of the Knights of the Parliament it is agreed for Law that the Baronies and other Lands as are parcell of their ancient Lordships and Baronies but for other Lands they are But there is a question made one which is no Barron but ignoble doe purchase any ancient Barony whether he shall be discharged of such ignoble purchase by reason onely of such his purchase challenge or pretence to have Nobility and place in Parliament as before in this treatise more at large appeareth for as Lands by Villany service doe not make a Villany or Bondman which being free doth purchase the same as Littleton doth teach lib. 2. cap. 12 though by his Tenure he shall be bound to doe such Villanie service so of the other side and that is holden by Barony doth not make the villany peasent or ignoble which purchaseth the same to be noble although the charge of such tenure doe lye upon him in respect of the service of the Realme It is said in our Bookes that a day of grace or by the favour of the Court is not to bee granted to the Plaintiffes in any Suite or Action wherein a Nobleman is defendant 27. H. 8.22 27. E. 3.88 because thereby the Nobleman should be longer delayed then the Ordinary course of the Court is and such Lord is to have expedition of Iustice in respect that he is to attend the Person of the King and the Service of the Common-wealth but if there be no ignoble person party to the Suite the Judges doe and may at their discretions grant upon a motion and prayer a day or more of tryall otherwise then by the strict course of the Law the Plaintiffe may challenge Cambden fol. 169. writing upon the Subject saith where the Noble man is demandant the Tenant may not be essoyned for the delay and causes aforesaid to which J would also subscribe but that the Booke of 3. H. 4 5 6. is otherwise adjudged if I doe misunderstand it there the King brought a Quare Impedit against a Common person and the defendant was essoyned by the rule of the Court Therefore a fortiori he might be essoyned against a Nobleman Jf any Peere of the Realme being a Lord of the parliament be plaintiffe or demandant defendant or Tenant in any Action reall or personall against another whereupon an issue is to be tryed by a Jury the Sheriffe must returne one Knight at the least to be of the Inquest otherwise upon a challenge made the whole Pannell shall be quashed which by the order of the Law is appoynted to be done for Honour and reverence due to the persons of that degree for as the words of the Booke are when a Peere of the Realme is party the Law is otherwise then when the Suite is betweene other persons Fitz. Chall 113.13 E. 3. in a Quar. Impedit against a Bishop adjudged Plowd 117. Dyer 208. b. 27. H 8.22 b. But the Earle of Kent by the name of Reignald Gray Esq brought a Writ of Entry against Sir H. G. Knight 4. Eliz. and the parties did plead to an issue the venire facias was awarded which the Sheriffe did returne served and a Pannell returned according in which pannell there is no Knight named the truth of which Cause was that after the returne made the demandant is published and declared by the Queene and the Heraulds to be Earle of Kent in right and by discent although hee had not beene so reputed or named Earle before and also after that time that is to say at the then last parliament the Tenant is made a Baron by a Writ of parliament and both parties have places and voyces in parliament and then the Iury doe appeare in the Court of Common pleas and the Earle of Kent did challenge the array because no Knight was returned but it was not allowed him by the Court for the â—dmittance of both parties as to the contrary and no default can bee layd to the Sheriffe for he had no notice of the honourable estates of either of the parties the demandant not being then knowne or reputed to bee an Earle by discent or of the Tenants then also being no Baron Dyer 318. How much the Common Law hath alwaies prohibited perpetuities in Lands and Tenements you may see in Corbets Case in the first part of Sir Edward Cookes Booke Fol 84. and in many other Cases in the rest of his Books also Littleton Fol. 145. saith it is a Principle in the Law that every Land of Fee-simple may be charged with a Rent in Fee-simple by one way or other but of the Kings Majesty upon the Creation of any Peere of the Realme Duke Marquesse Earle Vicount or Baron do as the manner is by his Letters Patents give unto such new created Noblemen an Annuity or Rent for the support of his

againe and appeared not but made defanit Bucham Serjâ—ant for the Tennant prayed the Court to record the non-suite quod factum fuit and then Dyer chiefe Iustice reciting the Writ and Count and issue joyned upon the battaile and the oath of the Champion to performe it and the prefixion of his day and place did give Iudgement against the Demandant and that the Tennant should have the Land to him and to his heires for ever And the Demandant and his pledges de prosequendo in miserecordia Reginae and afterwards solemne Proclamation was made that the Champions and all other there present which were by estimation four thousand persons might depart in the peace of God the Queen Et sic fecerunt magra clamore vivat Râ—gina vid. Dy. 30. Also if false Iudgement bee given in the county in the Sheriffes Court then the Writ shall be directed unto the same Sheriffe and the writ shall bee thus viz. Henricus c. vic' Lincoln ' saltum si Jo Afec ' tunc inpleno Comitat. tuo recordari fac ' loquar que est in eodem Comitatu tuo per bre ' nostri de recto inter Iohannem a pretend W. B. tenent ' de vno messuagio centum acres terrae câ—m pertinena ' in Com' unde idem Io acqueritur falsum sibi factum suisse Iudicium in eodem recordo illud litter ' coram Iustic ' nostris apud Westm ' tali die sub sigillo tuo et legales milites ejusdem Com' illis qui record ' illi interfuerunt som ' per bonos somonon ' pred' B. quod tunc et ibi anditurae recordum illud et habeas ibi sun ' nostra quatuor militum et hoc bre ' Fitz. H. Nat. br ' et ibid. and these foure must be Knights indeed Also the Iustices upon consideration of the usuall words in every Writ of Venire facias which by precipimus eibi quod venire facias ceram c. 12 tam milites quamalios liberos et legales homines c. Say that these words tam milites were not at the first put into the Writ without effect Plowden fol. â—17 b. For it seemeth that in diâ—bus illis some Knights were returned upon every â—enire facias By the Statute of Magna Charta cap. 12. It is ordained that Assizes of Novell diseisin and Mors. Dancestor should not be taken any where but within the Counties where they happen If a Tennant doe lay an essoyne de malo lecti he may have a Writ out of the Chancery to warrant it by which it shall bee commanded to foure Knights to view him and if they see him sicke then they are to give him day to the end of a yeare and a day Finches booke 87. b. note the Register fol. 117. b. quod corceratur non obligatur nisi sit miles c. juxea fornam statuti Westm 1. cap. 10. Stamfords pleas fol. 40. It is a received opinion that Knights are excused from attendance at Leets Britton 29. and 36. is cited to prove it and by a large understanding of the intent and meaning of the Statute of Marlbr cap. 10. For the ancient Common-law hath such respect unto the degree of knight-hood that they or their eldest sonnes were not compellable to find pledges in the Leet or Law-dayes For the Statute of Marlbr aforesaid was not introductive legis For it was before the Conquest vide the Lord Chancellors speech fol. 77. and the Common-law by this Statute is not alleadged and to that effect vide Finches Booke fol. 132. a. and Bro. tit fol. 39. and to the booke called the Mirrour of Iustice mentioned in the Preface to Cooks ninth part it is said that Knights are excepted and so it appeares that the practise was as well before as immediatly after the making of that Statute of Marlb and interpretation practica a principle way and forme of interpretation of Lawes The Lord Chancellors speech in the case of Post-nati 34. and in Divinity Propter sanctorum est interpretes preceptorum ibidem 66. But a Knight and superiours and inferiours are bound by Law to take notice of the proceedings there For if a man be out-lawed for felony at a Countie Court and one of the same County not knowing of the felony doth receive him hee is accessary 13. 14. Eliz. Dyer 355. a. et Stamford 96. et 41. Eliz. Also when the King doth summon to his Parliament Writs shall bee sent to the Sheriffe to make choice of Knights for every shire in this forme Rex vlc ' c. saltim quia _____ nostri Consilii pro quibusdam arduis urgentibus negotiis nos statum et defensionem regni nostri Anglia Ecclesiae Anglicanae concernen ' quoddam Parliamentum nostrum apud civitatem nostram Westm 12. dâ—e Novembr prox ' futur ' teneri ordinavimus et ibidem prefatis magna tibus Proceribus dom ' regni nostri colloquium habere et tractare tibi precipimus firmiter injungentis quod facta proclamatione in proximo _____ tuo poâ—t receptionem hujus litteris nostris tenen l' die loco praedict ' dâ—os milites gladiis cinctis magis idoneos discret ' com' praedict c. electionem illam in _____ distincte aperte sub sigillo tuo sub sigillis eorum qui electioni illi interfuerint nobis in Cancellaria nostra _____ locum certifices indilate Cromptons Courts 1. b. vide Stat. de An. 23. H. 6. cap. 15. Where amongst other things it is enacted that the Knights of the Shires for Parliaments hereafter to bee chosen shall bee naturall Knights of the same County for the which they shall bee so chosen or otherwise such naturall Esquiers or Gentlemen being of the same County as shall bee able to bee Knights vide Plowden fol. 121. Peeres are by intendment of Law sufficient of Freehold and that is one of the reasons whereof no capias or exigent lyeth against him for debt or trespas but the Law hath not that opinion of the Knights sufficiency of Freehold for bee may bee a Knight Sans terrae therefore 26. H. 8.7 a. Brooke Exigent 72. and then hee is to bee returned of any jury or inquest howsoever hee may bee worthy and sufficient to serve the Common-wealth in Marshall affaires The wives and widdowes of Knights in legall proceedings and in Courts of Iustice have not the titles of Ladies as the wives or widdowes of Noblemen have but that title by the curteous speech of England And if in any action they be not called Ladies for that cause the writ shall not abate for that surplusage Anno 8. H. 6.10 because Dominae is generally as men Domini so women after 14. yeares of age called Dominae Ladies or Dames and which were antiently navigeable women were called Dominae and by our English Poets Dames First Dominae is often for women generally as speciall Honour for that sex not being

peradventure he after is willing or dareth to do in an age The Menacer layeth open his Name and his grief and standeth in the face of his enemy and discovereth the corrasive of his and doth thereby give a forewarning to his adversary to provide for and defend himself Note That if a man do write unto another scandalous words and reports touching a Nobleman and this Letter be signed with his Seal and subscribed with his name yet upon this Letter shewed upon evidence the Nobleman may recover dammages in an action de scanlis magnatum whereof you may see two Presidents in Cromptons Iustice of Peace 85. But this secret Canker the Libeller concealeth his name hideth himself in a corner and privily stingeth him in fame reputation and credit who then neither knoweth from whom or for what cause he receiveth his blows nor yet hath means therein to defend himself and whether his libelling secret slandering or defaming be against a publike Magistrate or private Person Yet it may tend to the breach of the peace to the raising of quarrels and effusion of bloud But if a man do write any matter of defamation to the party himself that is thereby traduced and subscribe and seal the same without other publication done by himself Quaere and so may be a speciall impediment which all good policy endevoureth to maintain for if it be against a publike Magistrate it is a great scandall and offence to the King his chief Magistrates and the whole Government of the Realm to assign such an Officer to rule and govern others who himself is voyd of government and shall deserve to be impeached with such crimes as he shall be taxed with or shall be imputed unto him by such an infamous Libell and if it be but against a private person yet seeing that a Libell or other note of infamy is intended to defame him to tread his honour and estimation in the dust and root out his reputation and credit from the face of the earth to make him a scorn to his enemies and to be derided and despised of his neighbours it doth greatly kindle the wroth of him and of such as be of his kindred and allies and true friendship and urge them to revenge whereupon do often times ensue grudges quarrels frayes combats and man-slaughter Sometimes the malicious defamer powreth out his venome in writing by a scandalous Book Epigram or Rime either in Meeter or Prose Some other times by songs scoffs jests and taunts and divers times by hanging of pictures of reproach signes of shame or tokens of disgrace neer the place the party thereby traduced doth most converse as the picture of the gallows pillory cucking-stool horns or other such like In which cases the Law hath provided that the party delinquent when he is found out and discovered shall be sharply punished For he may be either indicted for the same offence by the ordinary course of the Common-law or else a Bill may be exhibited against him in the Starre-chamber where he shall be punished according to the quality of his demerits by sine and imprisonment and if it be an exorbitant offence then by pillory losse of his ears whipping c. Or the party grieved may have an action of the case against the offender and recover his dammages And in this case it is not materiall whether the Libel be true or false or the parties scandalized thereby be living or dead or be of good name or evill for though the party be defamed and the Libell true be evill yet our good Laws be provided to punish him and such like evill men by due course of Justice after his offence is presented inquired of tryed and proved to his face before lawfull Magistrats thereunto assigned and he is not to be carped accused and condemned in a corner behinde his back by any other private person who in trudeth himself without warrant to be a Censurer of manners and rather seeketh the discredit of the party then then the reformation of his faults for his secret searching into and sifting into other mens conditions diving into their offences and divulging them to their discredits doth convince the offender to be a man of a lewd disposition to have made shipwrack of his conscience and doth brand him during his life with the name of an infamous Libeller or scandalous backbiter Fardinando Pulton Fol. 16. Cooks 5. part 125. And to conclude this matter concerning the wrong done to the name and dignity of a Nobleman this may be added That it is unlawfull for any person to usurpe the Arms of another Cook to the Reader before his third Book Fol. 8. to A. Yea if a Noblemans Coat Armour or Sword or other Gentlemans bearing Arms at the solemnizing of their Funeralls set up in the Church Chappel or Chancell for the honour of the body defunct be taken down by the covetousnesse of the incumbent there pretending them as offerings due to him or if they be defaced by any other such are to be punished grievously as malefactors and in that case the action shall not be given to the Widdow though she be Executrix or Administratix of her husbands goods for such things as serve for the honour of the party deceased are not to be accompted inter bona Testatoris as the goods of the Testator but the heirs shall have the action as the defender of his Ancestors honour Nam cui injuria ei avervat jus to whom the wrong is done right doth belong but the wrong is offered to the house and bloud and therein especially to the heir qui est totius geniturae splendor of the whole kindred and therefore to him attaineth the right of action in the case Viscounts NExt unto Earls or Counts in order followeth the Vicount this is an ancient name of Offiee but a new title of honour and by Henry the first brought in who conferred that title upon John Lord Beamont Barons A Mongst the Nobles and Honourable Barons have the next place and the last of the Rank It now followeth somewhat to speak in generall of the dignity and degree of a Baron First the definition or description of a Baron Secondly The Etymologie of the name Thirdly The antiquity thereof and the divers uses of the name in former ages Fourthly The divisions and considerations of the severall kindes of Barons And lastly A declaration of the divers and sundry priviledges allowed by the Laws of this Realm unto the Barons and Nobility of the same wherein the vulgar and common person hath no participation The Definition or Description of a Baron IT is a rule in Law that definitions in Jure sunt periculosissimae rarium est enim ur non subverti possunt And therefore I do not often finde any definition or a description of a Baron delivered by writers Neverthelesse in this our Common-wealth of England me thinks that a Baron may be described in a generalty answerable to every kinde thereof in

nostri iâ— Assizis Iuratis seurecognitionibus aliquibus poni non consueverint ut dicunt nisi corum sacramentumadeo sit necessarium quod sine illis veritas inquire non potest Tibi precipimus quod dilectum fidelem nostram A.B. in Assizis Iuratis seu recognitionibus aliquibus non ponas seu poni faciatis contra voluntatem suam sine mandato nostro speciali nisi suam presentia ob aliquam causam specialiter exigatur teste c. But it is a rule in Law vigilantibus non dormientibus subveniuns Iura For if the Sheriffe have not received any such writ and the Sheriffe have returned any Lords in Iuries or in Assizes c. and they thereupon doe appeare they shall be sworne and if they doe not appeare they shall loose their issues 35. H. 6.46 and in such case they must purchase a writ out of the Chancery reciting their priviledge directed to the Iustices before whom such noble persons are so impannelled commanding them to dismisse him or them that were so impannelled out of the said pannell Fitz na br 165. This priviledge hath restraint in two cases first if the Enquiry concerne the King and Common-wealth in any necessary or important degree or busines of the Realme then this priviledge is not allowed nor taketh place and therefore divers Barons of the marches of Wales were impannelled before the Bishop of Ely and after Commissioners of Oyer and Terminer to enquire of a notable out-rage committed by Gilbert de Clare Earle of Gloucester against Humphery de Bohuâ— Earle of Hereford and Essex and his Tennant in Wales the 12th yeare of Ed. 1. where John de Hastings Edmond de Mortimer Theonald de Bordmor and others Barons of the Marches challenged their Priviledges aforesaid and much insisted upon the same but it was afterwards answered by the Courts as by the words in the Recordâ— appeareth Domino quod res ista Dom. Regem Coronam dignitatem suam tangit dictum fuit Dominum Regis Johan de Hastings omnibus aliis magnatibus supra nominatis quod per statu Iure Regni per conservatione dignitatis Coronae pacis suae apponunt manum ad librum ad faciendum id quod eis ex perte Dom. Regis in jungeretur The Barons aforesaid did neverthelesse persist in the Challenge and in the end both the said Earles between whom the said outrage had been perpetrated submitted themselves to the Kings grace and made their Fines Secondly this Priviledge hath no place in case of necessity where the truth of the case cannot otherwise come to light for the words of the Writ in the Register before mentioned are Nifi sua presentiae ob aliquamâ— causam specialiter exigatur c. Register 179. If a Nobleman doe bring an Action of debt upon an Accompt in case where the Party is to be examined which is alwayes intended to be upon Oath upon the truth of his cause by vertue of the Statute of 2. H. 4. cap. 8. Jt shall suffice to examine his Attorney and not himselfe upon Oath 3. H. 6.48 Cooke 6. part 53. And this Priviledge the Law doth give to the Nobility that they are not to be arrested by any Warrant of any Justice of the Peace for the peace or for the good behaviour nor by a supplicavit out of the Chancery so called because it issueth out at the supplication of the partie or from the Kings Bench for such an opinion hath the Law conceived of the peaceable disposition of Noblemen that it hath beene thought enough to take their promise upon Honour in that behalfe Lamb. Instice of Peace lib. 2. cap. 2. Fol. 17. E. 44.24 E. 3.33 subpenae Fitz 20. And as in civill causes the like rule doth the Court of Equity observe in causes of conscience for if the desendant be a Peere of the Realm in the Star-Chamber or Court of Chancery a Subpena shall not be awarded but a Letter from the Lord Chancellor or Lord Keeper in liew thereof and if he doe not appeare no attachment shall go forth against him For in the 14. Yeare of the late Queene Eliz. the Order and rule was declared in the Parliament Chamber and so to be inrolled in the Parliament that attachment is not to be awarded by Common Law custome or president against any Lord of the Parliament Dyer 315. a. and if he doe appeare he may make his Answer to the Bill of complaint upon his Honour onely and is not compelable to be sworne By the Statute 5. Eliz. chap. 1. Jt is enacted that all Knights and Burgesses of the Parliament shall take their Oath for the Supremacy and so shall Citizens and Barons of the Cinque-ports being returned of the Parliament before they enter into the Parliament House which Oath shall be according to the tenour effect and forme of the same Oath verbatim which is and as it is already set forth to be taken in the Statute 1. Eliz. provided alwayes that for so much as the Queenes Majestie is otherwise sufficiently assured of the faith and loyalty of the temporall Lords of her â—igh Court of Parliament Therefore this Act nor any thing therein contayned shall not extend to comâ—ell any temporall person of or above the degree of a â—aron of this Realme to take or Pronounce the Oath â—bovesaid nor to incurre any Penalty limited by this Act for not taking or refusing the same If any Peere of the Realme be sued in the Common Pleas in an Action of debt or trespasse and Processe are awarded against him by Capias or by Exigent then he may sue a Certiorare in the Chancery directed to the Justices of the Common Pleas testifying that he is a Peere of the Realme and the Writ is thus Rex c. Iusticiarijs suis de banco salutem mandamus vobis quasi G. F. miles corum nobis ad sectam alicujus per Actionem personalem in placitatus existat talem processum non alium versus ipsum in actionem predicta scire saciat qualem versus Dominos magnates Comites seu Barones Regni nostri Anglium qui ad Parl. nostra de suminicionem nostra venire debent aut eorum aliquem secundum legem consuetudinem regnum nostri Angl. feri faciendum quia pred G T. vnius Baronum Regnum in pred ad Parliamentum nostri de suminitionem regia venient record hoc vobis mandanus alijs quorum interest innatescimus teste est lan H. N B. fol. 247. For unlesse the Court be judicially certified by the Kings Writ out of the Chancery that the defendant is a Lord of the Parliament Jf a Capias or Exigent issue forth against him no errour neither is it punishable in the Sheriffes his Bayliffes or Officers if they execute the said processe and Arrest the body of the said Noble person for it appertaineth not to them to argue or dispute the Authority of the Court but if the Court be thereof certified in

may have three Chaplains wherof every one may purchase license or dispensation and receive have and keep two Benefices with care of souls and they of this Order wherof I have now writ are called Knights of the spur and Butcher Knights And so it is used in the statute of 13. R. 2. cap. 1. and in the statute of 3. Ed. 4. cap. 5. Hereof see Cambden 176. and M. Seldens Title of Honours fol. 336. Between Doctors of the Civill law and Knights have ever bin question for precedency and Serjeants at law since either of them have obtained credit in the Common wealth as may appear by the comparison that Tully maketh between Mucius Maurena a Knight of Rome and Publius Sulpicius a Lawyer either of them standing for the Consulship In his Eloquent Oration mâ—de for Muâ—ena and many Disputes of Bardell and Bardus arguing the Case to and fro which although it be yet disputable in forreign Countries where the civill law is in credit yet here amongst us in England it is without controversie and so the precedency thereof is undoubtedly in the Knight and Sergeant at law in regard of their Callings But if they both are of equall degree of knighthood or a Serjeant at law not Knight then it goeth otherwise as by Knighthood by Seigniority and by Serieantship by the Kings Writ and degree allowed thereupon Dr. Ridley 95. and so Selden his Titles of Honour fol. 55. touching part of this Discourse not all The opinion of some men hath lately bin that Knights Lieutenants that is to say such as have beene Ambassadours to forraigne Princes or Judges within the Realm may and ought to have during their lives precedencie above men of their owne rankes after these their Offices expired and many of them doe stand strongly hereupon sub judice lis est not determined by judgement but admitting it to be so by way of Argument in that case yet all the Heraulds doe utterly deny that priviledge to the Maior of London and Aldermen or Justice of the peace who have their limited Jurisdiction of Magistracie confined within the compasse of their owne walls and divisions But touching the former they are generall Magistrates throughout the Realme and their imployment concerneth the whole Common-weale and having the publike Justice of Honour of the whole estate committed unto them do more meritoriously draw from thence a greater respect of honour according to the generallitie of their administrations and imployments which an inferiour and more confined Magistrate may have The name of a Knight is the name of Dignity and a degree as is the name of a Duke Earle c. But in all actions he shall be named Knight otherwise the Writ shall abate See Theâ—wall lib. 3. cap. 3. A Knight also must be named by the name of Baptisme and by his sirname as Sir Ierome Bowes Knight but those of degree honourable who are made by pattent may be named onely by their Christian name and by their title of honour as Iohn Earle of Clare and that for two causes first because of their solemne creations it is notorious et nomen dicitur a noscendo Secondly there is but one of that title of honour within England and therefore it is certaine what person he is but otherwise of Knights as it is certainely knowne in Anno 8. Edw. 4.24 a. And Priscot Chiefe Justice saith in 32. H. 6. fol. 26. b. that if an Esquire be made a Knight hee loseth his name of Esquire but albeit a Knight may be made a Nobleman or of any high degree he still retaineth the name of Knight and so ought to be stiled in the making of all Writs See Milles fol. 81. Also if a man do recover in an action by the name of Iohn Stiles Esquire and afterwards he is made a Knight he must sue out his Scire facias by the name of Knight Vide Long. anno 5. Ed. 4. fol. 19. And this name shall not dye with him for if hee were bound by an Obligation by the name of Gentleman or Esquire and afterwards is made Knight and dyeth the Plaintiffe in the Action to be brought against his Executors must name him Knight otherwise the Writ shall abate Vide anno 7. H. 4.7.6 26. Ed. 3. fol. 64. a. Thomas Ormond was attainted by Parliament by the name of Thomas Ormond Knight whereas hee was no Knight he shall not forfeit any thing by that attainder because it cannot be intended the same person for this word Knight is parcell of his name 21. E. 4. fol. 17. a. If a Grant be made to H. Knight when he is no knight it is a void Grant But if it be a Feofment in Fee with livery of seism the livery it maketh good Vide Broek titulo Grants 50. Anno. 4. H. 6. If the Plaintiffe or Demandant do in his Writ name the Defendant or Tenant Esquire when he is a Knight the Writ shall not only abate but also the Plaintiffe or Demandâ—nt may not have another writ by Iournier account Finches book 59. Vide Cooks b. part de les Reports 1. b. But by the statute Anno 1. Ed. 6. cap. 7. It is amongst other things Enacted that albeit any person or persons being Justices of Assise Justices of Goal delivery or Justices of the Peace within any of the Kings Dominions or being in any other of the Kings Commissions whatsoever shall fortune to be made or created Duke Arch-Bishop Earl Marquesse Viscount Baron Bishop Knight Justice of the one Bench or on the other or Sergeant at Law or Sheriffe yet notwithstanding he and they shall remain Justices and Commissioners and have full power and Authority to execute the same in like manner and Form as he or they might or ought to have done before the same By the statute of Anno 5. H. 5. cap. 5. It is enacted as followeth That every Writ originall of accounts personall appeals and Indâ—ctments shall be made with the addition of their Estates and Degrees c. and a little after it is provided That if the said Writs of accounts personall be not according as the record and deed by the surplusage of the additions aforesaid that for this cause they are not Iohn a Stile Gent. is bound by obligation to one A. B. the Obliger is afterwards made Knight the Bond is forfeited A. B. by his Attorney draweth a note or title for an originall Writ according to the defendants degree though it vary from the originall specially as it ought to be made by the statute But the Cursitor mistaking did â—ake the originall only according to such addition as was specified in the Obligation omitting his degree of dignity and the Entry of Capias alias plures was according to the said originall but in the Exigent and Proclamation and in the Entry of it the Defendant was â—amed according to his degree of Dignity upon a Writ of Errour after judgment doubt was if this might be aâ—ended in another Court then

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